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Court upholds child molester's no-contact condition

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The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.

The case involves allegations that Ronald Rexroat molested the daughter of his friends in 2009. The girl told her mom that he touched her on three separate occasions, and the mom reported the allegations to the Indiana Department of Child Services. The state in 2010 charged Rexroat with two Class C felonies, which were two identically worded counts. A jury found him guilty of both, and the trial court sentenced him to six years on each count to be served concurrently, with three years suspended to probation. One of the probation conditions was that Rexroat have no face-to-face, telephonic, electronic or indirect contact with anyone under age 18 unless first approved.

Rexroat appealed his sentence on double jeopardy grounds and also the probation condition that he alleged was overbroad and a violation of his First Amendment rights.

In Ronald Rexroat v. State of Indiana, No. 49A02-1107-CR-594, the Court of Appeals found that Rexroat failed to show any double jeopardy violation under the Indiana or U.S. constitutions. Specifically, the “same elements” test adopted by the Supreme Court of the United States in 1932 doesn’t apply here. As for the state claim, the Indiana Supreme Court in 1999 held that that the second charge must be for the same, identical act and crime as the first offense and that’s not what happened here. The two counts arose from two separate incidents, and so the statutory elements test does not apply.

Turning to the probation condition claim, the appellate panel disagreed that Rexroat’s constitutional rights have been violated. The court looked to its Smith v. State, 727 N.E.2d 763, 767 (Ind. Ct. App. 2000), ruling that adopted a three-prong test to determine whether a probation condition requiring the defendant to avoid all contact with minors was unduly intrusive on constitutional rights.

Rexroat ignored the Smith holding, the court wrote, and he hasn’t shown the probation condition regarding contact with minors is unconstitutional.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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